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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 10, 2018, the Defendant driven a motor 100 Oral Ba, which was not covered by mandatory insurance without obtaining a bicycle license under the influence of 0.216% of alcohol level in the vicinity of the G cafeteria in front of the G cafeteria at the Jin-si, Jin-si, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver in charge, application of Acts and subordinate statutes to investigation report (the details of crackdown and the confirmation of CCTV images);
1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 46 (2), Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of failing mandatory insurance) and Articles 154 subparagraph 2 and 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The punishment as ordered is to be determined by taking account of various circumstances indicated in the records, such as the Defendant’s age character and character, character and environment, motive, means and consequence of the crime, and the circumstances indicated in the record, such as the following: (a) the first sentence of Article 37, Article 38(1)2, and Article 50 of the Aggravation of Concurrent Crimes Act; (b) the recidivism during the period of suspension of execution of the same kind of crime for which punishment is to be imposed; (c) although there is no reflective behavior, there is no likelihood of recidivism; and (d) the degree of alcohol content in blood at the